Miller v. Southwest Airlines Co.

Filing 29

ORDER granting 28 STIPULATION WITH PROPOSED ORDER to continue the case management conference of May 10, 2013 filed by Southwest Airlines Co. Further Case Management Conference reset for 8/16/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 5/8/2013. (beS, COURT STAFF) (Filed on 5/9/2013)

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1 2 3 4 5 6 7 8 9 10 Colin H. Murray, State Bar No. 159142 colin.murray@bakermckenzie.com Christina M. Wong, State Bar No. 288171 christina.wong@bakermckenzie.com BAKER & McKENZIE LLP Two Embarcadero Center, 11th Floor San Francisco, CA 94111-3802 Telephone: +1 415 576 3000 Facsimile: +1 415 576 3099 Teresa H. Michaud (pro hac vice) teresa.michaud@bakermckenzie.com BAKER & McKENZIE LLP 2001 Ross Ave., #2300 Dallas, TX 75201 Telephone: +1 214 978 3000 Facsimile: +1 214 978 3099 Attorneys for Defendant SOUTHWEST AIRLINES CO. Todd D. Carpenter, State Bar No. 234464 Todd@Carpenterlawyers.com CARPENTER LAW GROUP 432 West Broadway, 29th Floor San Diego, CA 92101 Telephone: +1 619-347-3517 Facsmile: +1 619-756-6990 Attorneys for Plaintiff JAMIE LUMOS on behalf of herself and others similarly situated Eric A. Grover, State Bar No. 136080 eagrover@kellergrover.com KELLER GROVER LLP 1965 Market Street San Francisco, CA 94103 Telephone: +1 415 543 1305 Facsimile: +1 415 543 7861 Attorneys for Plaintiff ROBERT MILLER on behalf of himself and all others similarly situated 11 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION 15 16 ROBERT MILLER, on behalf of himself and all others similarly situated, Plaintiff, 17 v. 18 19 SOUTHWEST AIRLINES CO., a Texas corporation; and DOES 1 through 10, 20 Defendants. 23 May 10, 2013 8:30 a.m. 6, 17th Floor The Hon. Charles R. Breyer JAMIE LUMOS on behalf of herself and all others similarly situated, Plaintiff, 24 v. 25 26 CLASS ACTIONS Consolidated for Discovery Purposes Only STIPULATION AND ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE OF MAY 10, 2013 Date: Time: Courtroom: Before: 21 22 Case No. C-12-05978-CRB Case No. C-13-01429-CRB SOUTHWEST AIRLINES CO., a Texas corporation; and DOES 1 through 20, inclusive, 27 Defendants. 28 Baker & McKenzie LLP Two Embarcadero Center 11th Floor San Francisco, CA 94111 Tel: 415 576 3000 CASE NO. C-12-05978-CRB and C-13-01429-CRB STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 726002-v1 STIPULATION 1 Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs Robert Miller and Jamie Lumos 2 3 (“Plaintiffs”) and Defendant Southwest Airlines Co. (“Defendant”) (collectively the “Parties”) in 4 the above-captioned cases, by and through their respective counsel of record, hereby jointly 5 stipulate as follows: WHEREAS, during the Case Management Conference held on April 29, 2013, the Court 6 7 set the next Case Management Conference for May 10, 2013; WHEREAS, during the April 29, 2013 Case Management Conference, the Court suggested 8 9 that counsel explore an early resolution of the above-captioned cases; 10 WHEREAS, following the April 29, 2013 Case Management Conference, the Parties met 11 and conferred and agreed to pursue an early resolution of this dispute in the two captioned cases 12 through private mediation; WHEREAS, the Parties are jointly recommending the Court continue the May 10, 2013 13 14 Case Management Conference for at least 90 days so that the Parties may concentrate their efforts 15 exclusively on settlement; WHEREAS, the Parties are jointly requesting the Court stay all proceedings and discovery 16 17 between the Parties until the next Case Management Conference, pending the outcome of the 18 mediation; WHEREAS, the Parties have agreed to report back to the Court promptly upon conclusion 19 20 of the mediation to notify the Court of the status of their settlement negotiations. 21 IT IS HEREBY STIPULATED AND AGREED between the Parties as follows: 22 1. The Parties have agreed to mediation of the above-captioned cases within the next 23 90 days, the Case Management Conference, presently set for May 10, 2013, shall be rescheduled 24 by the Court to a date at least 90 days from that date; 2. 25 26 Case Management Conference date; 3. 27 28 Baker & McKenzie LLP Two Embarcadero Center 11th Floor San Francisco, CA 94111 Tel: 415 576 3000 All proceedings and discovery between the Parties shall be stayed until the new Upon the selection and scheduling of the mediation, the Parties shall provide that information to the Court; and 1 CASE NO. C-12-05978-CRB and C-13-01429-CRB STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 726002-v1 4. 1 2 Upon completion of the mediation, the Parties shall report back to the Court with the status of their settlement negotiations. 3 IT IS SO STIPULATED. 4 5 6 7 Dated: May 6, 2013 Respectfully submitted, BAKER & McKENZIE LLP Colin H. Murray Christina M. Wong Teresa H. Michaud 8 9 10 11 By: /s/ Colin H. Murray Colin H. Murray 12 Attorneys for Defendant SOUTHWEST AIRLINES CO. 13 14 Dated: May 6, 2013 15 16 By: /s/ Todd D. Carpenter Todd D. Carpenter 17 Attorneys for Plaintiff JAMIE LUMOS on behalf of herself and others similarly situated. 18 19 20 CARPENTER LAW GROUP Todd D. Carpenter Dated: May 6, 2013 KELLER GROVER LLP Eric A. Grover 21 By: /s/ Eric Grover Eric A. Grover 22 23 Attorneys for Plaintiff ROBERT MILLER on behalf of himself and others similarly situated. 24 25 26 27 28 Baker & McKenzie LLP Two Embarcadero Center 11th Floor San Francisco, CA 94111 Tel: 415 576 3000 2 CASE NO. C-12-05978-CRB and C-13-01429-CRB STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 726002-v1 ATTESTATION 1 2 3 4 I, Colin H. Murray, attest that I am one of the attorneys for Defendant Southwest Airlines Co., and as the ECF user and filer of this document, I attest that concurrence in the filing of this document has been obtained from its signatories. 5 I further attest that I have on file all holographic signatures corresponding to any signatures 6 7 8 indicated by a conformed signature (/s/) within this e-filed document. Dated: May 6, 2013 /s/ Colin H. Murray Colin H. Murray 9 10 11 ORDER 12 13 14 PURSUANT TO THE STIPULATION, the following is ORDERED: 15 1. 16 The Case Management Conference, presently set for May 10, 2013, shall be rescheduled by the Court to August 16, 2013 at 8:30 a.m.; 17 2. 18 by May 20, 2013; 19 2. 20 All proceedings and discovery between the Parties shall be stayed until the day after the next Case Management Conference; and 3. 21 22 The Parties shall inform the Court of the mediator selected and the mediation date Within five court days of the completion of the mediation, the Parties shall report back to the Court with the status of their settlement negotiations. 23 PURSUANT TO THE STIPULATION, IT IS SO ORDERED S UNIT ED NO RT 28 ER H 3 ha Judge C reyer rles R. B FO 27 R NIA ____________________________________ D R RE The Honorable Charles R. BreyerDE IS SO O IT United States District Court Judge LI Date: May 8, 2013 26 Baker & McKenzie LLP Two Embarcadero Center 11th Floor San Francisco, CA 94111 Tel: 415 576 3000 RT U O 25 ISTRIC ES D TC AT T A 24 C N CASE NO. C-12-05978-CRB and C-13-01429-CRB OF D IS T I R CONFERENCE STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT C T 726002-v1

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